교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a B-learning car.
On May 14, 2015, at around 09:35, the Defendant driven the said car parked at the entrance of the Dcafeteria parking lot located in Guri-si C, and proceeded to turn to the left at the entrance of the parking lot.
In this case, the driver of a motor vehicle has a duty of care to safely operate the brakes and steering gear by properly manipulating it.
Nevertheless, the Defendant neglected this and got the victim E (the age of 80) who walked from the right side to the left side of the road by the negligence of breaking the center line to the left side of the road.
As a result, the Defendant suffered multiple traumas, such as the right-to-hand opening frame, from the occupational negligence above. On May 16, 2015, around 19:15, the Defendant caused the death of the victim who was receiving medical treatment at the Hanyang University Hospital.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. 1, 2, 3, 4 of an accident site photograph;
1. Application of the Acts and subordinate statutes concerning death diagnosis and photographs of the deceased;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the absence of any history of criminal punishment, the fact that the victim and his/her bereaved family members have agreed smoothly, and the fact that the vehicle driven by the defendant is covered by a comprehensive insurance);
1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accidents of Type II (Death, etc. of Traffic Accidents) (Class IV to October) and the area of mitigation (Special Mitigation Decision] (Pronouncement Decision], imprisonment without prison labor for eight months and suspended execution for two years;